SectionsParticulars
Part IPreliminary
1Short title, extent, application and commencement
1.     This Act may be called the Lokpal and Lokayuktas Act, 2013.2.     It extends to the whole of India.3.     It shall apply to public servants in and ...
Part IILokpal for the Union
Chapter IDefinitions
2Definitions
1.     In this Act, unless the context otherwise requires,—a.     "bench" means a bench of the Lokpal;b.    "Chairperson" means the Chairperson of the Lokpa...
Chapter IIEstablishment of Lokpal
3Establishment of Lokpal
1.     On and from the commencement of this Act, there shall be established, for the purpose of this Act, a body to be called the "Lokpal".2.     The Lokpal ...
4Appointment of Chairperson and Members on recommendations of Selection Committee
1.     The Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting of—a.     the ...
5Filling of vacancies of Chairperson or Members
The President shall take or cause to be taken all necessary steps for the appointment of a new Chairperson and Members at least three months before the expiry...
6Term of office of Chairperson and Members
The Chairperson and every Member shall, on the recommendations of the Selection Committee, be appointed by the President by warrant under his hand and seal an...
7Salary, allowances and other conditions of service of Chairperson and Members
The salary, allowances and other conditions of service of—      i.        the Chairperson shall be the same as those of the Chief Justice of India;     ii.   ...
8Restriction on employment by Chairperson and Members after ceasing to hold office
1.     On ceasing to hold office, the Chairperson and every Member shall be ineligible for—              i.        reappointment as the Chairperson or a Mem...
9Member to act as Chairperson or to discharge his functions in certain circumstances
1.     In the event of occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the President may, by noti...
10Secretary, other officers and staff of Lokpal
1.     There shall be a Secretary to the Lokpal in the rank of Secretary to Government of India, who shall be appointed by the Chairperson from a panel of nam...
Chapter IIIInquiry Wing
11Inquiry Wing
1.     Notwithstanding anything contained in any law for the time being in force, the Lokpal shall constitute an Inquiry Wing headed by the Director of Inquir...
Chapter IVProsecution Wing
12Prosecution Wing
1.     The Lokpal shall, by notification, constitute a Prosecution Wing headed by the Director of Prosecution for the purpose of prosecution of public servant...
Chapter VExpenses of Lokpal to be Charged on Consolidated Fund of India
13Expenses of Lokpal to be Charged on Consolidated Fund of India
The administrative expenses of the Lokpal, including all salaries, allowances and pensions payable to or in respect of the Chairperson, Members or Secretary o...
Chapter VIJurisdiction in Respect of Inquiry
14Jurisdiction of Lokpal to include Prime Minister, Ministers, members of Parliament, Groups A, B, C and D officers and officials of Central Government
1.     Subject to the other provisions of this Act, the Lokpal shall inquire or cause an inquiry to be conducted into any matter involved in, or arising from,...
15Matters pending before any court or committee or authority for inquiry not to be affected
In case any matter or proceeding related to allegation of corruption under the Prevention of Corruption Act, 1988 has been pending before any court or committ...
16Constitution of benches of Lokpal
1.     Subject to the provisions of this Act,—a.     the jurisdiction of the Lokpal may be exercised by benches thereof;b.    a bench may be constituted by ...
17Distribution of business amongst benches
Where benches are constituted, the Chairperson may, from time to time, by notification, make provisions as to the distribution of the business of the Lokpal a...
18Power of Chairperson to transfer cases
On an application for transfer made by the complainant or the public servant, the Chairperson, after giving an opportunity of being heard to the complainant o...
19Decision to be by majority
If the Members of a bench consisting of an even number of Members differ in opinion on any point, they shall state the point or points on which they differ, a...
Chapter VIIProcedure in Respect of Preliminary Inquiry and Investigation
20Provisions relating to complaints and preliminary inquiry and investigation
1.     The Lokpal on receipt of a complaint, if it decides to proceed further, may order—a.     preliminary inquiry against any public servant by its Inquiry ...
21Persons likely to be prejudicially affected to be heard
If, at any stage of the proceeding, the Lokpal—a.     considers it necessary to inquire into the conduct of any person other than the accused; orb.    is of ...
22Lokpal may require any public servant or any other person to furnish information, etc.
Subject to the provisions of this Act, for the purpose of any preliminary inquiry or investigation, the Lokpal or the investigating agency, as the case may be...
23Power of Lokpal to grant sanction for initiating prosecution
1.     Notwithstanding anything contained in section 197 of the Code of Criminal Procedure, 1973 or section 6A of the Delhi Special Police Establishment Act, ...
24Action on investigation against public servant being Prime Minister, Ministers or Members of Parliament
Where, after the conclusion of the investigation, the findings of the Lokpal disclose the commission of an offence under the Prevention of Corruption Act, 198...
Chapter VIIIPowers of Lokpal
25Supervisory powers of Lokpal
1.     The Lokpal shall, notwithstanding anything contained in section 4 of the Delhi Special Police Establishment Act, 1946 and section 8 of the Central Vigi...
26Search and seizure
1.     If the Lokpal has reason to believe that any document which, in its opinion, shall be useful for, or relevant to, any investigation under this Act, are...
27Lokpal to have powers of civil court in certain cases
1.     Subject to the provisions of this section, for the purpose of any preliminary inquiry, the Inquiry Wing of the Lokpal shall have all the powers of a ci...
28Power of Lokpal to utilise services of officers of Central or State Government
1.     The Lokpal may, for the purpose of conducting any preliminary inquiry or investigation, utilise the services of any officer or organisation or investi...
29Provisional attachment of assets
1.     Where the Lokpal or any officer authorised by it in this behalf, has reason to believe, the reason for such belief to be recorded in writing, on the ba...
30Confirmation of attachment of assets
1.     The Lokpal, when it provisionally attaches any property under sub-section (1) of section 29 shall, within a period of thirty days of such attachment, d...
31Confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances
1.     Without prejudice to the provisions of sections 29 and 30, where the Special Court, on the basis of prima facie evidence, has reason to believe or is s...
32Power of Lokpal to recommend transfer or suspension of public servant connected with allegation of corruption
1.     Where the Lokpal, while making a preliminary inquiry into allegations of corruption, is prima facie satisfied, on the basis of evidence available,—    ...
33Power of Lokpal to give directions to prevent destruction of records during preliminary inquiry
The Lokpal may, in the discharge of its functions under this Act, issue appropriate directions to a public servant entrusted with the preparation or custody o...
34Power to delegate
The Lokpal may, by general or special order in writing, and subject to such conditions and limitations as may be specified therein, direct that any administra...
Chapter IXSpecial Courts
35Special Courts to be constituted by Central Government
1.     The Central Government shall constitute such number of Special Courts, as recommended by the Lokpal, to hear and decide the cases arising out of the P...
36Letter of request to a contracting State in certain cases
1.     Notwithstanding anything contained in this Act or the Code of Criminal Procedure, 1973 if, in the course of an preliminary inquiry or investigation int...
Chapter XComplaints against Chairperson, Members and Officials of Lokpal
37Removal and suspension of Chairperson and Members of Lokpal
1.     The Lokpal shall not inquire into any complaint made against the Chairperson or any Member.2.     Subject to the provisions of sub-section (4), the Ch...
38Complaints against officials of Lokpal
1.     Every complaint of allegation or wrongdoing made against any officer or employee or agency (including the Delhi Special Police Establishment), under or...
Chapter XIAssessment of Loss and Recovery Thereof by Special Court
39Assessment of Loss and Recovery Thereof by Special Court
If any public servant is convicted of an offence under the Prevention of CorruptionAct, 1988 by the Special Court, notwithstanding and without prejudice to an...
Chapter XIIFinance, Accounts and Audit
40Budget
The Lokpal shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estim...
41Grants by Central Government
The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Lokpal grants of such sums of money as are required ...
42Annual statement of accounts
1.     The Lokpal shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by t...
43Furnishing of returns, etc., to Central Government
The Lokpal shall furnish to the Central Government, at such time and in such form and manner as may be prescribed or as the Central Government may request, su...
Chapter XIIIDeclaration of Assets
44Declaration of Assets
1.     Every public servant shall make a declaration of his assets and liabilities in the manner as provided by or under this Act.2.     A public servant sha...
45Presumption as to acquisition of assets by corrupt means in certain cases
If any public servant wilfully or for reasons which are not justifiable, fails to—a.     to declare his assets; orb.    gives misleading information in respe...
Chapter XIVOffences and Penalties
46Prosecution for false complaint and payment of compensation, etc., to public servant
1.     Notwithstanding anything contained in this Act, whoever makes any false and frivolous or vexatious complaint under this Act shall, on conviction, be pu...
47False complaint made by society or association of persons or trust
1.     Where any offence under sub-section (1) of section 46 has been committed by any society or association of persons or trust (whether registered or not),...
Chapter XVMiscellaneous
48Reports of Lokpal
It shall be the duty of the Lokpal to present annually to the President a report on the work done by the Lokpal and on receipt of such report the President sh...
49Lokpal to function as appellate authority for appeals arising out of any other law for the time being in force
The Lokpal shall function as the final appellate authority in respect of appeals arising out of any other law for the time being in force providing for delive...
50Protection of action taken in good faith by any public servant
No suit, prosecution or other legal proceedings under this Act shall lie against any public servant, in respect of anything which is done in good faith or int...
51Protection of action taken in good faith by others
No suit, prosecution or other legal proceedings shall lie against the Lokpal or against any officer, employee, agency or any person, in respect of anything wh...
52Members, officers and employees of Lokpal to be public servants
The Chairperson, Members, officers and other employees of the Lokpal shall be deemed, when acting or purporting to act in pursuance of any of the provisions o...
53Limitation to apply in certain cases
The Lokpal shall not inquire or investigate into any complaint, if the complaint is made after the expiry of a period of seven years from the date on which th...
54Bar of Jurisdiction
No civil court shall have jurisdiction in respect of any matter which the Lokpal is empowered by or under this Act to determine....
55Legal assistance
The Lokpal shall provide to every person against whom a complaint has been made, before it, under this Act, legal assistance to defend his case before the Lo...
56Act to have overriding effect
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrume...
57Provisions of this Act to be in addition of other laws
The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force....
58Amendment of certain enactments
The enactments specified in the Schedule shall be amended in the manner specified therein....
59Power to make rules
1.     The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.2.     In particular, and with...
60Power of Lokpal to make regulations
1.     Subject to the provisions of this Act and the rules made there under, the Lokpal may, by notification in the Official Gazette, make regulations to carr...
61Laying of rules and regulations
Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for ...
62Power to remove difficulties
1.     If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make ...
Part IIIEstablishment of the Lokayukta
63Establishment of Lokayukta
Every State shall establish a body to be known as the Lokayukta for the State, if not so established, constituted or appointed, by a law made by the State Leg...
The ScheduleAmendment to Certain Enactments
Part IAmendment to the Commissions of Inquiry Act, 1952
In section 3, in sub-section (1), for the words ‘‘the appropriate Government may’’, the words and figures ‘‘Save as otherwise provided in the Lokpal and Lokay...
Part IIAmendments to the Delhi Special Police Establishment Act, 1946
In section 4A,—      i.        for sub-section (1), the following sub-section shall be substituted, namely:—‘‘(1) The Central Government shall appoint the Dir...
Part IIIAmendments to the Prevention of Corruption Act, 1988
In sections 7, 8, 9 and section 12,—a.     for the words ‘‘six months’’, the words ‘‘three years’’ shall respectively be substituted;b.    for the words ‘‘fi...
Part IVAmendment to the Code of Criminal Procedure, 1973
In section 197, after the words ‘‘except with the previous sanction’’, the words ‘‘save as otherwise provided in the Lokpal and Lokayuktas Act, 2013’’ shall b...
Part VAmendments to the Central Vigilance Commission Act, 2003
In section 2, after clause (d), the following clause shall be inserted, namely:—‘(da) ‘‘Lokpal’’ means the Lokpal established under sub-section (1) of section...
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